LAW7119

Patents, trade secrets and allied rights

Ms Ann Monotti

Objectives Students who successfully complete this subject should (1) have an enhanced appreciation of the policies and objectives underlying the laws of patents and confidential information; (2) be in a position to comment critically on those policies and objectives and to relate them to current proposals for law reform; (3) have developed a detailed knowledge of the subject matter that is eligible for protection under these laws, the requirements for obtaining such protection and its scope, once obtained; (4) be in a position to provide detailed and comprehensive advice to inventors, enterprises and other persons engaged in the process of innovation on their rights and liabilities under these laws; and (5) have a sound understanding of the operation and application of the rules governing the international protection of patents for inventions and allied rights.

Synopsis This subject will provide students with an advanced course of study in Australian patent law and related areas of law relevant to the promotion of technology and innovation. It offers a comprehensive study of the Australian patent system and the action of breach of confidence, with emphasis upon topics that are of current interest at the time the course is taught. In general , the history and rationale of the patent system will be considered followed by detailed examination of the concept of invention, the requirements for patentability, patent application procedure, the drafting of claims, the enforcement, maintenance and exploitation of patents, and the international patent system. While the emphasis is upon the Australian patent system, there is integrated comparative analysis throughout the seminars. The nature and scope of protection accorded to confidential information will also be discussed, together with the question of the relationship between patent and trade secrets protection. In addition, there may be consideration of allied forms of protection including plant breeders' rights and utility models.

Assessment Supervised examination 100%

Texts

To be advised

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